hi i got pulled over this evening 9:15pm because i failed to give way to a cop who had right of way. i was travelling south to north and stopped at the stop sign. however, i failed to see that the east-west had no stop sign. it was a very dark intersection and initially i thought the coast was clear. to make matters harder, the cop was driving very slowly without lights from west to east. by the time i saw him, i was already in the middle of the road and had to cross the intersection. true i failed to give the cop right of way, but it was dark and he was using predatory tactics by driving very slowly without headlights. my girlfriend was with me and she too remembers that the cop was driving without headlights. he only turned them on when he pulled me over. can i contest this and would i win?
2007-03-02 19:56:55 · 9 answers · asked by Moomoo 2 in Politics & Government ➔ Law & Ethics
I believe you might have a good case.
This means you'll be going to court on your court date and be able to give your side.
Right now...write down everything you can remember...
all the details, time, directions, weather, dark out, etc.
also very important...how well lit is the intersection...or not.
How the heck are you supposed to see ANY car, let alone a cop car driving at night with NO lights on?
If I were the Judge I'd throw the case out as soon as I heard that.
You said you did STOP at the Stop Sign...are you 100% sure?
If the cop says you didn't make a complete stop....you lose.
And, most important...you have a WITNESS...make sure your girlfriend goes to court with you.
Have her fill out an affidavit or statement...stating exactly what she saw and have her sign it to present to the Judge at the time you go to court.
Get a camera and take a few pictures of the intersection...Judges love pictures...they're "worth a thousand words".
Good luck!
2007-03-02 20:08:37 · answer #1 · answered by GeneL 7 · 0⤊ 0⤋
You did not state how many tickets etc that you got. If you only had one for running a stop sign, you may be able to get a reduced fine etc. It all depends on where you live. I got in an accident that was technically my fault about 3 years ago, but since I was turning left (stop light was not working right) I was technically at fault. To make a long story short, I pleaded guilty to a lesser charge which only put one point against me and a $100.00 fine (I got this because I had a clean driving record). I would plea bargan if I were you. You can also plead your case at that time too. I would not waste time or money at another hearing etc. if I were you.
2007-03-03 04:57:22 · answer #2 · answered by wageslave 2 · 0⤊ 0⤋
Absolutely, especially since he was driving with no headlights! Just make sure you have all your evidence in order (i.e. pics of road intersection when dark, witness that officer did not have headlights on). Although, it is his word against yours, it's worth a try. Let's just hope the officer doesn't show up in court. Good luck!
2007-03-03 04:16:31 · answer #3 · answered by curiousT 2 · 0⤊ 0⤋
The real question is how much time and effort will it take to fight the ticket. You will have to take time off from work as well as your girlfriend to go to court and sit through a trial and you may still lose if the judge doesn't believe.
Check to see if your local court offers traffic school in lieu of going to trial. In most states, you can go to traffic school and avoid having a conviction on your record. It beats possibly losing and having the ticket increase your insurance rates.
2007-03-03 07:25:05 · answer #4 · answered by Carl 7 · 0⤊ 0⤋
You could contest this but if you go to court who do you think the judge will believe. Probably not worth the hassle. Whatever the cop did you were in the wrong place at the wrong time.
2007-03-03 04:06:29 · answer #5 · answered by coffee 5 · 0⤊ 0⤋
You could contest it in court, but winning is out of the question.
failed to yield r.o.w. usually is the worst ticket you can get, because they are one of highest accident provokers.
Just go and see if you can get a differed adjudication and don't mess up no more.
2007-03-03 04:10:56 · answer #6 · answered by pete 2 · 0⤊ 0⤋
Contest and win. law states that headlights MUST be turned on at dusk
2007-03-03 04:06:08 · answer #7 · answered by Hingy 2 · 0⤊ 0⤋
What the hell kind of law is this? Where do you live? If you broke the law pay the ticket.
2007-03-03 04:07:07 · answer #8 · answered by Anonymous · 0⤊ 0⤋
there you go....a hundred dollar solution to a five cent crime.
2007-03-03 08:24:25 · answer #9 · answered by Anonymous · 0⤊ 0⤋